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Bob Joseph: Why the Indian Act must go and Canada will be better for it

B.C. author explores the paradox of why itB次元官网网址檚 so difficult to let the act go and why it has to happen
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Bob Joseph the bestselling author of B次元官网网址21 Things You May Not Know About the Indian ActB次元官网网址 has been an enabler for discourses about the Indian Act, since his 2015 blog post about the legislation went viral. (Courtesy of Vancouver Island Regional Library)

Last week in a virtual Q & A session, Indigenous author Bob Joseph was asked B次元官网网址淗ow will people know that theyB次元官网网址檝e achieved reconciliation?B次元官网网址

Joseph answered, B次元官网网址淲hen people are at peace with the past.B次元官网网址

The first step is moving away from the Indian Act, according to Joseph, who advocates for First Nations heading towards self-governance, self-reliance and self-determination.

The bestselling author of B次元官网网址21 Things You May Not Know About the Indian ActB次元官网网址 has been enabling discourse about the act, since his 2015 blog post about the legislation went viral. In Canada, many people are still oblivious to the Indian Act, says Joseph.

Since it was first passed in 1876, the Indian Act has undergone numerous amendments but it still stands as law, governing matters pertaining to Indian status, bands and reserves, among other things.

The legislation B次元官网网址 originally created to B次元官网网址榓ssimilateB次元官网网址 Indigenous people into mainstream Canadian life and values B次元官网网址 is a paradox in which both the rights of Indigenous people and their bondage co-exist.

And while some Indigenous groups have called for its dismissal due to what have been called its regressive and paternalistic excesses, others have resisted its abolition.

Joseph is a member of the GwawaB次元官网网址檈nuxw Nation, Gayaxala (Thunderbird) clan, who grew up in Campbell River. He believes the Indian Act must go, simply because it was unsuccessful (and now outdated) in its original purpose of assimilating Indigenous people into the political and economic mainstream.

B次元官网网址淚f anything, it (the Indian Act) has kept Indigenous people separate under different laws and under different lands,B次元官网网址 he said.

In a virtual seminar last week hosted by the Vancouver Island Regional Library, Joseph interacted with more than 500 viewers. He provided insights into the legislationB次元官网网址檚 history before discussing modern day solutions that could replace the Indian Act.

Through 21 points Joseph not only highlighted the obsolete nature of the legislation but also why it is relevant to understanding reconciliation going forward B次元官网网址 especially at a time when Canada is undertaking a commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Before some of its amendments, the Indian Act denied Indigenous status to women, introduced residential schools, created reserves, renamed individuals with European names, restricted First Nations from leaving reserves without permission from Indian Agents, expropriated portions of reserves for roads, railways, etc, imposed the B次元官网网址榖and councilB次元官网网址 system and created other personal and cultural tragedies on First Nations.

Despite that, it was legally significant for Indigenous peoples. For example, in 1969 when Prime Minister Pierre TrudeauB次元官网网址檚 white paper policies proposed to abolish it, Aboriginal leaders across Canada opposed the move. Since the Indian Act affirms the historical and constitutional relationship Aboriginal peoples have with Canada, they wanted it to legally maintain the Indian status and the rights that it afforded them.

This paradox, Joseph pointed out, has created a relationship wherein Indigenous people are dependent on the federal government. Even today, these concerns remain when discussions about breaking away from the Indian Act comes up.

B次元官网网址淚 hear people tell me B次元官网网址榳e need to make sure we protect our statusB次元官网网址橞次元官网网址 He reminds them that thought is B次元官网网址渋n fact an objective of the Indian ActB次元官网网址 which keeps them tied to it. The Indian act will never help them grow their nation and their people B次元官网网址 B次元官网网址渋tB次元官网网址檚 not designed to do that.B次元官网网址 That is why First Nations must find a better way, break the cycle of dependency and give way to self determination, self reliance, and self governance.

B次元官网网址淎 place to look for solutions already exists,B次元官网网址 he says, pointing to modern day treaties in B.C. like the NisgaB次元官网网址檃 Treaty and the Westbank First Nation Self-government Agreement from the early 2000B次元官网网址檚.

B次元官网网址淭he NisgaB次元官网网址檃 Treaty got rid of the Indian Act, they were able to get control and jurisdiction over lands and resources and the ability to make decisions about those lands and resources.B次元官网网址

But he also said that these treaties are not necessarily a one-size-fits-all framework that will work for all Nations. Each group must arrive at a model that works best for them through negotiations.

This is where knowledge of history comes in handy B次元官网网址 for both Indigenous and non-Indigenous people B次元官网网址 as a powerful medium to achieve true reconciliation.

As people become aware about the history of Indigenous people in Canada through the ages, there is a wider scope of conversation that can be had in families, educational institutions, places of worship etc.

He urges people to learn about history and then make a personal pledge to reconciliation B次元官网网址 which is going to take B次元官网网址減olitical will, knowledge and understanding and empathy.B次元官网网址

B次元官网网址淩econciliation has to be a grassroots movement and not by politicians,B次元官网网址 he says.

Because when it comes to something as important as reconciliation, politics B次元官网网址渉olds backB次元官网网址 the process of moving away from the Indian Act as B次元官网网址減oliticians are all over the place,B次元官网网址 with government agendas changing every four years.

B次元官网网址淚 would rather hang my hat on individuals in Canada to do reconciliation. That seems to have a lot more longevity.B次元官网网址

When political agendas come into the picture, conversations pivot to the B次元官网网址渃ost of change,B次元官网网址 that First Nations are asking for.

To drive home the point, Joseph gives an example from the early B次元官网网址90s when he had a conversation with a group of people who were worried after a front-page article in the Vancouver Sun stating Indian land claims could cost taxpayers $10 billion.

B次元官网网址淚 told them this was a great article. It talks to you about the cost of change, but it doesnB次元官网网址檛 talk to you about the cost of not changing it,B次元官网网址 he said and added, cost of years-long legal battles, loss of direct investments and jobs etc, ultimately end up costing governments more than the estimated cost of change.

B次元官网网址淪o I try to tell taxpayers, look, if itB次元官网网址檚 money youB次元官网网址檙e worried about, if thatB次元官网网址檚 what makes your world go round. I can tell you honestly, it will be cheaper to resolve land claims quicker than it is to let them fester.B次元官网网址

Such issues resurface at different intervals of history, he warns, referring to the ongoing WetB次元官网网址檚uwetB次元官网网址檃n pipeline conflict in B.C. and itB次元官网网址檚 all because thereB次元官网网址檚 no relationship with Indigenous people.

B次元官网网址淲eB次元官网网址檙e not listening to their concerns.B次元官网网址

Which is why in retrospect, Joseph says it would be cheaper to move away from the Indian Act and have mutually beneficial relationships.

B次元官网网址淚t will be better for the country.B次元官网网址



binny.paul@blackpress.ca

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